SUPLA JAIN Vs. RATAN LAHOTI AND ORS.

JUDGEMENT

(1.) THIS petition under Sec. 10 of the Contempt of Courts Act, 1971 has been filed by the petitioner alleging willful disobedience of order dt. 29.08.2012 passed by the District Judge, Jodhpur in appeal filed by the petitioner. It is, inter alia, submitted that the petitioner filed appeal under Sec. 92 -A of the Rajasthan Urban Improvement Act, 1959 (for short 'the Act'). The following order came to be passed by the District Judge, Jodhpur on 29.08.2012: -

(2.) HOWEVER , despite order dt. 29.08.2012, the respondents have entered into a lease deed dt. 29.11.2012 with Sumer Mal Bohra, which is in clear violation of the order passed by the District Court, Jodhpur and, therefore, the respondents be hauled up for willful disobedience of the order dt. 29.08.2012 passed by District Court.

(3.) A reply to the said petition has been filed by the respondents, inter alia, indicating that the respondents have not disobeyed any order passed by jurisdictional Court. It is further indicated that the possession of the subject property was handed over to the lessee Sumer Mal Bohra on 29.06.2009/30.05.2009 and the lease deed has been executed thereafter. Further, it has been submitted that if the Court comes to the conclusion that any inadvertent violation of order passed by the district Court has happened, the respondent tender unconditional apology.